Dismissed¶5

Dusmanta Behera v. Santosh Kumar Nayak

Orissa HC21 Feb 2025TRPCRL/3/2025

Case brief

AI extract

What is this about?

Criminal transfer petition (TRP(CRL) No.3 of 2025), High Court of Orissa, Cuttack, decided 21.02.2025 by Justice Murahari Sri Raman. Petition under S.407 CrPC 1973 / S.447 BNSS 2023 to transfer 1.C.C Case No.5 of 2020 from JMFC Bhuban (Dhenkanal) to JMFC Angul on convenience grounds: 200 km travel distance, elderly sick mother, business financial loss. Dismissed; liberty to apply to appear virtually before the court concerned; interim order of 22.01.2025 vacated. Keywords: transfer of criminal case, virtual appearance, convenience of accused, JMFC Bhuban, JMFC Angul.

What did the court decide?

Petition dismissed; liberty reserved to the petitioner to seek permission of the Court concerned to appear through virtual mode; interim order dated 22.01.2025 vacated; Registry instructed to communicate the order to the JMFC, Bhuban (Dhenkanal).

Dusmanta Behera Vs Santosh Kumar Nayak — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(CRL) No.3 of 2025

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Dusmanta Behera …. Petitioner

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Mr. Sovenswar Nayak, Advocate

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-versus-

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…. Santosh Kumar Nayak Opposite Party Mr. Saroj Kumar Dash, Advocate

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER 21.02.2025

This matter is taken up through Hybrid Mode.

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The Petitioner has filed this petition for transfer of 1.C.C Case No.5 of 2020 under Section 407 of the Code of Criminal Procedure, 1973/Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from the Court of the learned Judicial Magistrate First Class, Bhuban in the district of Dhenkanal to the Court of the learned Judicial Magistrate First Class, Angul.

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It is pointed out by Mr. Sovenswar Nayak, learned counsel that the Petitioner is required to cover a distance of 200 Kilo Meters from his residence for attending the Court proceeding. He submitted that the petitioner’s mother is very old aged woman and suffering from different diseases and there is no one to look after her. In addition thereto, the Petitioner suffered heavy financial loss in his business. Therefore, for convenience sake he seeks transfer of 1.C.C Case No.5 of 2020 pending in the Court of the learned Judicial Magistrate First Class, Bhuban in the district of Dhenkanal to the Court of the learned Judicial Magistrate First Class, Angul.

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Considering the grounds so raised, this Court is not inclined to accept the aforesaid prayer made in this transfer petition. However, liberty is reserved to the petitioner to seek permission of the Court concerned to appear through virtual mode.

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This TRP(CRL) is, therefore, dismissed with liberty as granted above. Interim order passed on 22.01.2025 by this Court stands vacated. Registry is instructed to communicate this order to learned Judicial Magistrate First Class, Bhuban in the district of Dhenkanal.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Feb-2025 17:01:46

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Dusmanta Behera v. Santosh Kumar Nayak

Case brief

What is this about?

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Dusmanta Behera v. Santosh Kumar Nayak

Case brief

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